Regulation SHO took effect January 3, 2005, and provides a new regulatory framework governing short selling of securities. It was designed with the objective of simplifying and modernizing short sale regulation and providing controls where they are most needed. At the conclusion of each settlement day, data is provided on securities in which: 1) there are at least 10,000 shares in aggregate failed deliveries for the security for five consecutive settlement days, and 2) these failures constitute at least 0.5% of the issuer's total shares outstanding. Regulation SHO mandates that, if a clearing agent has had a fail-to-deliver position for 13 consecutive settlement days, that clearing agent, and the broker/dealer it clears for, must purchase securities to close out its fail to deliver position.
AutoNation Inc. (NYSE: AN | Quote | Chart | News | PowerRating) through its subsidiaries, operates as an automotive retailer in the United States. It offers a range of automotive products and services, including new vehicles, used vehicles, vehicle maintenance and repair services, vehicle parts, extended service contracts, vehicle protection products, and other aftermarket products. The company also arranges financing for vehicle purchases through third-party finance sources. In addition, it offer various vehicle protection products, including extended service contracts, maintenance programs, guaranteed auto protection, ?tire and wheel' protection, and theft protection products. The brands of vehicles that the company sells include Ford, General Motors, Daimler, Chrysler, Toyota, Nissan, Honda, and BMW. As of December 31, 2007, it owned and operated 322 new vehicle franchises from 244 dealerships located in major metropolitan markets, primarily in the Sunbelt region of the United States. The company was founded in 1991 and is headquartered in Fort Lauderdale, Florida. With 178.54 million shares outstanding and 37.5 million shares declared short as of July 2008, the failure to deliver in shares of AN has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 14,320 shares of AN that were failing-to-deliver as of September 28, 2007.
Systemax Inc. (NYSE: SYX | Quote | Chart | News | PowerRating) and its subsidiaries operate as a direct marketer of brand name and private label products in North America and Europe. It operates in three segments: Technology Products, Industrial Products, and Hosted Software. The Technology Products segment sells computers, computer supplies, and consumer electronics. Its products include personal computers (PCs), notebook computers, laser printer toner cartridges and ink jet printer cartridges, flash memory, recordable disks, magnetic tape cartridges, hard disks, CD-ROM and digital versatile disc (DVD) drives, printers, scanners, memory upgrades, data communication and networking equipment, monitors, digital cameras, plasma and liquid crystal display TVs, MP3 and DVD players, PDAs, and packaged software. This segment also assembles its PCs and sells under the Systemax and Ultra names, as well as markets and sells computers manufactured by other companies. The Industrial Products segment sells various material handling equipment, storage equipment, and consumable industrial items. Its products include wire and metal shelving, bins, and lockers; hand carts, pallet jacks and hand trucks; ladders, furniture, small office machines, and related supplies; and first aid items, safety items, protective clothing, and OSHA compliance items. The Hosted Software segment markets PCS ProfitCenter Software, a Web-based application, which delivers on-demand service over the Internet. Its product helps companies automate and manage the customer life-cycle across multiple sales channels. The company's customers include for-profit businesses, educational organizations and government entities, and individual consumers. It markets its products through multiple channels, utilizing relationship marketers, e-commerce Web sites, mailed catalogues, and retail outlet stores. Systemax was founded in 1995 and is headquartered in Port Washington, New York. With 36.63 million shares outstanding and 4.97 million shares declared short as of July 2008, the failure to deliver in shares of SYX has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 117,190 shares of SYX that were failing-to-deliver as of September 28, 2007.
Trex Company Inc. (NYSE: TWP | Quote | Chart | News | PowerRating) manufactures and distributes wood/plastic composite products primarily for residential and commercial decking and railing applications in the United States and Canada. It offers wood-alternative decking, railing, fencing, and trim products under the brand name Trex. The company provides various decking product lines, such as Trex Contours that has a wooden grain surface; Trex Origins, which possess a smooth surface; Trex Accents that offers a smooth surface on one side and subtle wood grain on the other; and Trex Brasilia, which has a smooth surface and subtle random color variations. Its railing product line includes Trex Designer Series Railing, which consists of a decorative top and bottom rail, refined balusters, and post caps and skirts; and Trex Artisan Series Railing for use with Trex decking products, as well as other decking materials. The company's fencing product line comprises Trex Seclusions that consists of structural posts, bottom rail, interlocking pickets, top rail, and decorative post caps. It sells its products through wholesale distributors, retail lumber dealers, retail building material dealers, and retail stores to consumers, home builders, and contractors. The company was founded in 1996 and is headquartered in Winchester, Virginia. With 15.18 million shares outstanding and 5.05 million shares declared short as of July 2008, the failure to deliver in shares of TWP has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 120,490 shares of TWP that were failing-to-deliver as of September 28, 2007.
Bare Escentuals Inc. (NASDAQ: BARE | Quote | Chart | News | PowerRating) together with its subsidiaries, engages in the development, marketing, and sale of cosmetics, skin care and body care products, and professional skin care products for women worldwide. The company's cosmetics products include foundation products, as well as various eye, cheek, and face products, such as blushes, all-over-face colors, liner shadows, eye shadows, and glimmers; and an assortment of fashionable color cosmetics and accessories, including finishing powders, prep-products, lipsticks, lip glosses, lip liners, mascaras, and application tools and brushes. Its skin care products comprise nighttime skin treatment, facial cleanser, and acne treatment products. Bare Escentuals also retails cleansers, corrective treatments, antioxidant moisturizers, and sun protectors, as well as a line of professional-use-only products for use by aestheticians, such as glycolic peels to complement the consumer retail line. It sells its products through various distribution channels consisting of infomercials, home shopping television, premium wholesale, company-owned boutiques, spas and salons, and online shopping. Bare Escentuals offers its products under various brand names, including the bareMinerals, bareVitamins, md formulations, RareMinerals, and Bare Escentuals. The company, formerly known as STB Beauty, Inc., was founded in 1976 and changed its name to Bare Escentuals, Inc. in 2006. Bare Escentuals, Inc. is headquartered in San Francisco, California. With 91.34 million shares outstanding and 19.82 million shares declared short as of July 2008, the failure to deliver in shares of BARE has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 12,688 shares of BARE that were failing-to-deliver as of September 20, 2007.
Data Domain Inc. (NASDAQ: DDUP | Quote | Chart | News | PowerRating) provides deduplication storage appliances for disk-based backup, archiving, and network-based disaster recovery. The company's appliances reduce the storage of redundant copies of data within enterprises. It also offers Replicator software, which allows enterprises to utilize wide area network vaulting for offsite disaster protection and recovery; and a capacity-optimized Virtual Tape Library software option that emulates multiple tape libraries over a fiber channel interface, as well as integrates with an enterprise's existing backup infrastructure. Its products integrate into existing customer infrastructures, and are compatible with enterprise backup software products. The company sells its appliances through a network of channel partners and direct sales force worldwide. It serves industries, including defense, education, entertainment, finance, government, healthcare, technology, legal, media, and retail. The company was founded in 2001 and is headquartered in Santa Clara, California. With 58.06 million shares outstanding and 11.09 million shares declared short as of July 2008, the failure to deliver in shares of DDUP has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 19,211 shares of DDUP that were failing-to-deliver as of September 14, 2007.
Huntington Preferred Capital Inc. Preferred (NASDAQ: HPCCP | Quote | Chart | News | PowerRating) operates as a real estate investment trust in the United States. The company owns participation interests in unsecured commercial loans and commercial loans secured by non-real property, such as industrial equipment, livestock, furniture and fixtures, and inventory. It also owns participation interests in unsecured commercial loans and commercial loans secured by real property, including office buildings, multi-family properties, family residences, industrial, warehouse, and self-storage properties, office and industrial condominiums, retail space, strip shopping centers, mixed use commercial properties, mobile home parks, nursing homes, hotels and motels, churches, and farms. In addition, it owns participation interests in consumer loans, primarily secured by mortgage on the borrower's primary residence for home improvements, acquisition of furniture and fixtures, and debt consolidation. Further, it owns participation interests in adjustable rate, fixed rate, conforming, and nonconforming residential real estate loans. The company has elected to be taxed as a real estate investment trust (REIT) under the provisions of the Internal Revenue Code. As a REIT, it would not be subject to federal corporate income taxes, if it distributes at least 90% of its taxable income to its stockholders. The company was founded in 1992 and is based in Columbus, Ohio. With 14.00 million shares outstanding and 3,500 shares declared short as of July 2008, the failure to deliver in shares of HPCCP has not been resolved and a buy-in is imminent.
About BUYINS.NET
WWW.BUYINS.NET is a service designed to help bonafide shareholders of publicly traded US companies fight naked short selling. Naked short selling is the illegal act of short selling a stock when no affirmative determination has been made to locate shares of the stock to hypothecate in connection with the short sale. Buyins.net has built a proprietary database that uses Threshold list feeds from NASDAQ, AMEX and NYSE to generate detailed and useful information to combat the naked short selling problem. For the first time, actual trade by trade data is available to the public that shows the attempted size, actual size, price and average value of short sales in stocks that have been shorted and naked shorted. This information is valuable in determining the precise point at which short sellers go out-of-the-money and start losing on their short and naked short trades.
BUYINS.NET has built a massive database that collects, analyzes and publishes a proprietary SqueezeTrigger for each stock that has been shorted, www.buyins.net/squeezetrigger.pdf. The SqueezeTrigger database of nearly 2,100,000,000 short sale transactions goes back to January 1, 2005, and calculates the exact price at which the Total Short Interest is short in each stock. This data was never before available prior to January 1, 2005, because the Self Regulatory Organizations (primary exchanges) guarded it aggressively. After the SEC passed Regulation SHO, exchanges were forced to allow data processors like Buyins.net to access the data.
The SqueezeTrigger database collects individual short trade data on over 7,000 NYSE, AMEX and NASDAQ stocks and general short trade data on nearly 8,000 OTCBB and PINKSHEET stocks. Each month the database grows by approximately 50,000,000 short sale transactions and provides investors with the knowledge necessary to time when to buy and sell stocks with outstanding short positions. By tracking the size and price of each month's short transactions, BUYINS.NET provides institutions, traders, analysts, journalists and individual investors the exact price point where short sellers start losing money.
All material herein was prepared by BUYINS.NET, based upon information believed to be reliable. The information contained herein is not guaranteed by BUYINS.NET to be accurate, and should not be considered to be all-inclusive. The companies that are discussed in this opinion have not approved the statements made in this opinion. This opinion contains forward-looking statements that involve risks and uncertainties. This material is for informational purposes only and should not be construed as an offer or solicitation of an offer to buy or sell securities. BUYINS.NET is not a licensed broker, broker dealer, market maker, investment banker, investment advisor, analyst or underwriter. Please consult a broker before purchasing or selling any securities viewed on or mentioned herein. BUYINS.NET may receive compensation in cash or shares from independent third parties or from the companies mentioned.
BUYINS.NET affiliates, officers, directors and employees may also have bought or may buy the shares discussed in this opinion and may profit in the event those shares rise in value. Market commentary provided by Thomas Ronk.
BUYINS.NET will not advise as to when it decides to sell and does not and will not offer any opinion as to when others should sell; each investor must make that decision based on his or her judgment of the market.
This release contains "forward-looking statements" within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E the Securities Exchange Act of 1934, as amended and such forward-looking statements are made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. "Forward-looking statements" describe future expectations, plans, results, or strategies and are generally preceded by words such as "may", "future", "plan" or "planned", "will" or "should", "expected," "anticipates", "draft", "eventually" or "projected". You are cautioned that such statements are subject to a multitude of risks and uncertainties that could cause future circumstances, events, or results to differ materially from those projected in the forward-looking statements, including the risks that actual results may differ materially from those projected in the forward-looking statements as a result of various factors, and other risks identified in a companies' annual report on Form 10-K or 10-KSB and other filings made by such company with the Securities and Exchange Commission.
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